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Evidence Guide: PSPREV004 - Interpret and assess contracts

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

PSPREV004 - Interpret and assess contracts

What evidence can you provide to prove your understanding of each of the following citeria?

Identify key features of contracts

  1. Analyse contracts and identify parties involved in each contract.
  2. Identify legal nature and elements of contracts, terms and obligations.
  3. Differentiate conditions, warranties and contingencies identified in the contract.
  4. Identify circumstances and consequences of terminating contracts.
  5. Confirm, if contractual rights have been assigned and if assignment as valid.
Analyse contracts and identify parties involved in each contract.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify legal nature and elements of contracts, terms and obligations.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Differentiate conditions, warranties and contingencies identified in the contract.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify circumstances and consequences of terminating contracts.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm, if contractual rights have been assigned and if assignment as valid.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess contracts for eligibility and liability

  1. Analyse contracts in accordance with criteria using a legislative decision-making process.
  2. Confirm or deny eligibility or liability of contracts.
  3. Make decisions and notify customers.
Analyse contracts in accordance with criteria using a legislative decision-making process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm or deny eligibility or liability of contracts.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Make decisions and notify customers.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify key features of contracts

  1. Analyse contracts and identify parties involved in each contract.
  2. Identify legal nature and elements of contracts, terms and obligations.
  3. Differentiate conditions, warranties and contingencies identified in the contract.
  4. Identify circumstances and consequences of terminating contracts.
  5. Confirm, if contractual rights have been assigned and if assignment as valid.
Analyse contracts and identify parties involved in each contract.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify legal nature and elements of contracts, terms and obligations.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Differentiate conditions, warranties and contingencies identified in the contract.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify circumstances and consequences of terminating contracts.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm, if contractual rights have been assigned and if assignment as valid.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess contracts for eligibility and liability

  1. Analyse contracts in accordance with criteria using a legislative decision-making process.
  2. Confirm or deny eligibility or liability of contracts.
  3. Make decisions and notify customers.
Analyse contracts in accordance with criteria using a legislative decision-making process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm or deny eligibility or liability of contracts.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Make decisions and notify customers.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify key features of contracts

1.1 Analyse contracts and identify parties involved in each contract.

1.2 Identify legal nature and elements of contracts, terms and obligations.

1.3 Differentiate conditions, warranties and contingencies identified in the contract.

1.4 Identify circumstances and consequences of terminating contracts.

1.5 Confirm, if contractual rights have been assigned and if assignment as valid.

2. Assess contracts for eligibility and liability

2.1 Analyse contracts in accordance with criteria using a legislative decision-making process.

2.2 Confirm or deny eligibility or liability of contracts.

2.3 Make decisions and notify customers.

Required Skills and Knowledge

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify key features of contracts

1.1 Analyse contracts and identify parties involved in each contract.

1.2 Identify legal nature and elements of contracts, terms and obligations.

1.3 Differentiate conditions, warranties and contingencies identified in the contract.

1.4 Identify circumstances and consequences of terminating contracts.

1.5 Confirm, if contractual rights have been assigned and if assignment as valid.

2. Assess contracts for eligibility and liability

2.1 Analyse contracts in accordance with criteria using a legislative decision-making process.

2.2 Confirm or deny eligibility or liability of contracts.

2.3 Make decisions and notify customers.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

reading and analysing complex and formal documents and applying them to work situations

communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

methods of termination of contract, including by consent, by frustration

legislative decision-making process

principles applicable to assignment of contractual rights

confidentiality provisions